Court : Mumbai
Decided on : Jan-17-1983
Reported in : (1987)ILLJ270Bom
..... writ petition was dismissed.9. i was taken through the various provisions of the two acts and though it is not necessary for me to set out elaborately a comparative chart, it may be pointed out that section 28 of the central act and sections 36 and 37 of the state act make a provision for payment of wages during the leave period, with the only ..... of this provision is also made punishable under section 52 of the act. there is no such corresponding provision in the central act. the high court of kerala in the decisions cited above on construction of the proviso to section 37 of the central act, therefore, held that the two statutes, namely, the central act and the kerala act, in this matter could concurrently operate.13. ..... was, whether section 18 of the kerala act dealing with notice of termination can be regarded as inconsistent with or repugnant to the provisions of the central act. now, section 18 of the kerala act (which is in pari materia with section 66 of the state act) contemplates giving of a notice of termination. there is no provision corresponding to section 18 of the kerala act in the central ..... act. the high court of kerala held that as there was no provisions .....Tag this Judgment!
Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Decided on : Aug-17-1983
Reported in : (1983)LC1535DTri(Delhi)
..... is to be measured. the changed colour of this material has then to be compared with the different shades of colour shown in the colour chart on the label of the bottle in which the strips are contained. each colour block will correspond to a different percentage of glucose, etc., and therefore by matching the colour ..... area made of special chemicals on one end...the colour developed in the reagent area at 30 seconds after wetting is compared to the colour chart on the bottle label. the colour blocks on the colour chart indicate the amount of glucose present". the directions for the use of the strips are given as follows :- 1. ..... specific description is the latter one.25. shri ganesh had drawn our attention to the tribunal's order in the case of delhi surgical & dressings, reported in 1983 elt 575. in that case the goods consisted of "blood counting chambers" and "pipettes".it was held that the blood counting chambers could not be treated as ..... case of dunlop india (air 1977 sc 597). he also referred to an order of the tribunal in the case of delhi surgical and dressings, reported in 1983 elt 575.8. shri ganesh also referred to certain judgments in regard to sales tax, reported in air 1977 sc 32; 33 stc 333; and 31 ..... 1. messrs miles india ltd., have filed four revision applications (hereinafter referred to as "appeals"), which under section 131b of the customs act, 1962, are to be dealt with as if they were appeals before the tribunal. these appeals involve a common issue and were listed .....Tag this Judgment!
Court : Delhi
Decided on : Dec-19-1983
Reported in : 1984(17)ELT12(Del)
..... there is ground for presuming that the accused has committed an offence. while the language employed in section 228 and its corresponding provision of section 240 is identical, the corresponding provision of sections 227 and 239 are not. section 227 talks of sufficient ground for proceeding while section 239 talks of the charge being groundless. while there may be variations intern se between these two ..... for presuming that the accused has committed an offence. apart from the context in which and the material on which the decision has to based in different situations a comparative examination of the language employed in these three sets provisions also brings out a deliberate choice of distinguishable jargon. discharge u/s 227 is justified only if there is ..... 1981, he ordered accordingly. the petitioners challenged the order in 2 separate petitions in the sessions court and the additional sessions judge by a common order of may 13, 1983 upheld the order of the learned magistrate and dismissed the petitions. the learned addl. sessions judge observed that the case against the petitioners being on a complaint the learned magistrate ..... the privilege if silence, the right of being cautioned, the admissibility of a confessional statement and of ordinary statements made by suspects in the course of inquiries under the act, counsel for the petitioners made an impassioned appeal that the aforesaid decisions be suitably read, and if necessary be even read down, in the light of the more recent .....Tag this Judgment!
Court : Delhi
Decided on : Aug-24-1983
Reported in : 24(1983)DLT345
..... abroad with the children is fraught with the apprehension that he or the children may not come back. (7) i have heard the counsel and considered all the circumstances. certain correspondence between the sister of the husband and a brother of the husband who lives in u.s.a. has been produced here, which shows that the brothers were not on ..... on behalf of the husband submitted that section 12 of the guardian and wards act, 1890, provides for interim custody only in case of an application under ..... and 30th december, 1982. after hearing the husband, the learned magistrate on 5-1-1983 allowed him to keep the minors in his custody. the wife also filed a petition under section 25 of the guardian and wards act, 1890 read with section 6 of the hindu minority and guardianship act, 1956. both the petitions are before the guardian judge. (5) the wife moved an ..... of the guardianship and custody if it is in the interests of the minors. so, in raj rani subhash chander : 23(1983)dlt240 , both in the interest and for welfare of the minor and on a consideration of the comparative merits between the mother and the father, guardianship and the custody of the child was given to the mother. mr vohra appearing .....Tag this Judgment!
Court : Chennai
Decided on : Apr-30-1983
Reported in : 1983CriLJ1880
..... lie to the court to which an appeal by the person convicted in the case would lie under s. 408.' a comparative study of section 377 as it stands now and the proposed section as suggested by the law commission shows that there are some material alterations made at the time of the passing of the enactment. for the purpose of this ..... police station as contemplated in the criminal p.c. similarly, there is also a similar provision into gold (control) act., viz., section 68(2) which is analogous to section 104(3) of the customs act. under section 69 of the gold (control) act, the provisions of sections 102 and 103 of the criminal p.c. relating to search and seizure could be made applicable. however, it ..... balkrishan v. state of maharashtra : 1980crilj1424 . the supreme court after making a comparative study of the relevant provisions of the railway property (unlawful possession) act, 1966, and the criminal p.c. in detail held that an officer of the railway protection force making investigation under section 8(1) of the said act does not possess several important attributes of an officer in charge of ..... denotation of criminal offences is exhausted. we shall, therefore, now examine the meaning of the term 'investigation' occurring in section 377(2), cr.p.c. 27. chapter xii of the present criminal procedure code (corresponding to chapter xiv of the old code) (covering sections 154 to 176 in both codes) comes under the heading 'information to the police and their powers to investigate' and .....Tag this Judgment!
Court : US Supreme Court
Decided on : Jan-11-1983
..... fees in not inconsiderable amounts. see n. 6, supra. furthermore, the court's position, by exposing the union to even greater liability, may well exert correspondingly greater pressure on the union to settle, with or without an acknowledgment of breach of duty, leaving the employer to defend the action alone. [ footnote 2/13 ..... subject to large liability, far greater than that of the employer, the extent of which will not be in any way related to the union's comparative culpability. nor will the union have any readily apparent way to limit its constantly increasing liability. [ footnote 2/8 ] bowen and the postal service argue ..... this was a recognition of vaca's explicitly announced governing principle. [ footnote 18 ] see 45 u.s.c. 153 first (i), (j). these sections provide that an employee who is unsuccessful at the grievance level can seek relief on his own from the national railroad adjustment board. the board is authorized to ..... "apparently meritorious grievance . . . in an arbitrary and perfunctory manner. . . ." 470 f.supp. 1127, 1129 (1979). in so doing, both the union and the service acted "in reckless and callous disregard of [bowen's] rights." [ footnote 4 ] ibid. the court found that bowen could not have proceeded independently of the union [ footnote 5 ] ..... v. united states postal service no. 81-525 argued october 6, 1982 decided january 11, 1983 459 u.s. 212 certiorari to the united states court of appeals for the fourth circuit syllabus after petitioner employee was .....Tag this Judgment!
Court : US Supreme Court
Decided on : May-24-1983
..... similar programs. such programs may be on radio or television." " example (3). an organization which presents a course of instruction by means of correspondence or through the utilization of television or radio." " example (4). museums, zoos, planetariums, symphony orchestras, and other similar organizations." i have little ..... preferential treatment because they provide a benefit to society. what little floor debate occurred on the charitable exemption provision of the 1894 act and similar sections of later statutes leaves no doubt that congress deemed the specified organizations entitled to tax benefits because they served desirable public purposes. ..... those statutes is unavoidable. for more than 60 years, the irs and its predecessors have constantly been called upon to interpret these and comparable provisions, and in doing so have referred consistently to principles of charitable trust law. in treas.regs. 45, art. 517(1) ..... students for guerrilla warfare and terrorism in other countries would meet the definitions contained in the regulations. prior to 1970, when the charted course was abruptly changed, the irs had continuously interpreted 501(c)(3) and its predecessors in accordance with the view i have expressed ..... e.g., community television of southern california v. gottfried, 459 u. s. 498 , 459 u. s. 510 -511, n. 17 (1983) ("[a]n agency's general duty to enforce the public interest does not require it to assume responsibility for enforcing legislation that is not directed at .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Sep-20-1983
Reported in : AIR1983SC1283; 1983(2)SCALE317; 1984Supp(1)SCC326
..... raised and that the fare structure is determined by the authorities under the motor vehicles act, 1939. proceeding along this line, it was urged that unless there is an upward revision of the fare structure corresponding to the enhancement in the tax on passenger vehicles, the transport business would become uneconomic ..... owner of the omnibus having a sitting capacity of 50 persons and standing capacity of 10 persons plus driver and conductor has to pay r section 8,340/- per quarter against the tax payable at rs. 3,554/-per quarter in the year 1966. it was therefore contended that if ..... permits. unless passenger survey is undertaken which would show that more passengers are available and proportionately the number of vehicles have not increased, this chart submitted by mr. shanti bhushan has little to inform or teach us and throws no light on the vexed question under discussion. no useful ..... it was, however, urged that even now the tax on passenger vehicles is disproportionately high compared to the tax on goods vehicles. simultaneously, it was urged that the laden weight of goods vehicles compared to that of the passenger vehicles is very high with the result that goods vehicles cause ..... rajasthan) ltd. v. the state of rajasthan and ors. : 1scr491 and the malwa bus service (pvt.) ltd. v. state of punjab. : 2scr1009 expanding the concept of what are called compensatory taxes as to be outside the purview of article 301, it can be said that the augmentation of revenue by .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Sep-23-1983
Reported in : AIR1983SC1155; 1983CriLJ1602; 1983(2)Crimes770(SC); 1983(2)SCALE340; (1983)4SCC645; 1SCR1
..... is the most humane method of execution and so also in ichikawa v. japan, the japanese supreme court held that execution by hanging does not correspond to cruel punishment inhibited by article 36 of the japanese constitution. but whether amongst all the methods of execution, hanging is the most humane or ..... alone is permissible under the law. however, an understanding of the process involved in the competing methods used for executing the death sentence and their comparative assessment is not altogether pointless. if it can be demonstrated clearly that some other method has a real and definite advantage over the method of hanging ..... his tenant for a period of three years from the date of transfer, on the grounds mentioned in clauses (f) and (ff) of section 13(1) of the act. we have already extracted the relevant passage from the judgment of krishna iyer, j., who spoke for the court in that case. the ..... on the other hand, if the drop is too long, the head will be torn off. in england centuries of practice have produced a detailed chart relating a man's weight and physical condition to the proper length of drop, but even there mistakes have been made.' our difficulty again is the ..... painful'. the same paragraph mentions that hanging has generally been abandoned in the united states. according to the issue of 'time' magazine dated january 24, 1983, only four states of america still prescribe hanging as a method for executing the death sentence. paragraph 59 o'f u.n. publication says that ' .....Tag this Judgment!
Court : Karnataka
Decided on : Apr-22-1983
Reported in : AIR1984Kant162; 1984(2)KarLJ218
..... the cargo-boats being slower boats have to be on the sea for long periods, the number of persons affected by the exemption is comparatively small, and they are mostly sojourners who stay at the port for a short time and then go away. these considerations may well ..... under the provisions of the grant-in-aid code for secondary schools in karnataka state ('grant-in-aid code' for short). section 101(c) of the act incorporated a provision for exempting institutions run purely on philanthropic lines approved by the corporation. in exercise of the power under the ..... multipurpose use 25'x60' xi standardclass room ...1laboratory ...1(b) equipment.:- viii standard(a) library (includine 2 setsof text books) ... rs. 500(b) maps, charts, etc. ... rs. 500(c) laboratory equipment ... rs. 2000(d) furniture: these must be dual desks, 5 almirahs (2 tables with glass shutters and one ..... workable. (see: lawrence singh : 68itr272(sc) . railway board v. pitchumani; : (1972)illj112sc ; d. s. nakara v. union of india, : (1983)illj104sc and commr. of income-tax v. mhadeshwara lorry : 129itr516(kar) .27. we 'are therefore of the view that the appropriate order' which w'6 should ..... act that may be specified by government, shall act in the capacity of trustees and shall be answerable for the maintenance of the institutions and the fulfillment of all the conditions of recognition and aid and for the observance of such rules as may be prescribed from time to timethe management shall appoint a correspondent .....Tag this Judgment!